The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to provide an additional condition to qualify for an existing affirmative defense to prosecution for the offense of sexual assault. Sexual assault is punishable as a first or second degree felony depending on the circumstances of the offense.

A first degree felony is punishable by confinement in prison for life or 5 to 99 years and a second degree felony for 2 to 20 years. In addition to confinement, all felony level offenses are subject to an optional fine not to exceed $10,000. 

Adding an additional qualifying condition to an affirmative defense to prosecution is expected to result in increased demands upon the correctional resources of counties or of the state due to additional placements under felony community supervision or admissions into state correctional facilities. In fiscal year 2014, 961 people were arrested, 78 were placed under felony community supervision, and 158 were admitted into state correctional institutions for sexual assault. Data are not available to determine the number of additional placements under felony community supervision and admissions into state correctional institutions that would have occurred as a result of requiring the additional condition be met to qualify for an affirmative defense to prosecution. However, this analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.